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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
"2016 Highest 2711"
1. On April 2016, the Defendant made a false statement to the effect that “The Defendant would resolve the amount of 40 million won by the end of June 2016, on the face of joint and several sureties,” to the victim B, who was known to the Defendant as a customer in charge of the business of the Defendant’s company accompanying, from the ordinary meeting, to the lender B.
However, the Defendant paid monthly payments of KRW 180,000,000 to KRW 3.65 million each month upon receiving a decision of individual rehabilitation due to illegal gambling, and even thereafter, the Defendant was liable to pay interest equivalent to KRW 600,000 per month on gambling. The Defendant did not have any special property, and it was insufficient to pay the said payment and interest in the monthly amount of KRW 250,000,000,000,000,000,000,000,000,000,000,000,000,000 won were to be used as money for gambling as a joint and several surety by the victim. Therefore, the Defendant did not have any intent or ability to pay the loan at the same time.
Nevertheless, on April 18, 2016, the Defendant, by deceiving the victim, had the victim pay interest of KRW 10 million from non-com loan, KRW 10 million from the same day, and KRW 30 million from the loan to the account under the name of the Defendant for the loan of KRW 30 million from the same day, received the loan of KRW 10 million from the Madben loan to the account under the name of the Defendant. On the 20th day of the same month, the Defendant received the loan of KRW 10 million from the Maden Co., Ltd. and transferred KRW 10 million to the account under the name of the Defendant for the loan of KRW 10 million. From May 18, 2016 to August 1 of the same year, the Defendant acquired and acquired property profits equivalent to KRW 40 million from the interest of KRW 90 million.
2. The Defendant, via a telephone around April 2016, borrowed loans from the victim with a joint and several surety by lending 40 million won to the victim.